Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Owner’s acceptance of Renter’s order, nor does it constitute confirmation of Owner’s offer to rent. The Telephone Guestbook Ltd reserves the right at any time after receipt of Renter’s order to accept or decline Renter’s order for any reason.
Out‐of‐Stock Products and Multiple Product Orders. Owner will ship the Equipment at least 4 days before Rental date. Owner makes no guarantees as to availability of Equipment. Any estimate of availability provided by Owner is based on the assumption that each of Owner’s customer returns Equipment within the prescribed Rental Period. Owner will keep Renter informed of any Equipment that Renter has ordered that are out‐of‐stock and unavailable to be shipped on the required date. If Equipment is out‐of‐stock or unavailable the Renter will be contacted via email or by phone. Renter may cancel the order at any time prior to shipping if the product rented is unavailable. For a multiple product order, Owner will make every attempt to ship all products contained in the order at the same time. Equipment that are unavailable at the time of shipment of other Equipment will be shipped as they become available unless Renter notifies Owner of their alternate wishes to this end. Renter will only be charged for Equipment contained in a given shipment.
Cost, Fees and Payment
Cost. The price and products are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain. The payment is made is full for the service at the time of ordering.
Taxes. Renter shall indemnify and hold Owner harmless from any taxes, fees, and penalties arising out of Renter’s Agreement, use and possession of the Equipment except for those taxes, fees and penalties based upon Owner’s income.
Default. If Renter fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by Renter, Owner shall have the right to exercise any one or more of the following remedies:
a. To charge Renter’s credit card on file for all amounts due (including any late fees) and owing.
b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
c. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Renter hereby waives any and all damages occasioned by such taking of possession.
d. To terminate this Agreement.
e. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Owner may take, Renter shall be and remain liable for the full performance of all obligations on the part of the Renter to be performed under this Agreement. All of Owner's remedies are cumulative, and may be exercised concurrently or separately.
Assignment. Neither this Agreement nor any interest therein is assignable or transferable by Renter without Owner’s advance written consent, which consent may be withheld in Owner’s unfettered discretion.
Insurance and Deposit. Some orders may require that Renter insure the Equipment for the duration of the Rental Period or provide an authorisation hold to be placed on Renter’s credit card on file in an amount to be determined by Owner until the Equipment has been returned to Owner in good working order. Should Renter choose to insure the Equipment, Renter shall add The Telephone Guestbook Ltd as Additional Insureds on Renter’s insurance policy and provide Owner with a Certificate of Insurance before the Rental goods are delivered.
Exclusivity & Ownership
Exclusivity. Renter understands and agrees that Renter has hired Owner exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Owner hires to complete the Services outlined in this Equipment Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Equipment Agreement.
Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Owner; and the Renter shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Owner in accordance with this Equipment Agreement Agreement, Owner owns all copyrights in any and all work(s) it creates or produces pursuant to UK and Worldwide copyright law. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Equipment Agreement, are expressly and solely owned by Owner and may be used in the reasonable course of Owner business.
Permitted Uses of Product(s). Owner grants to Renter a non-exclusive license of product(s) produced with and for Renter for personal use only so long as Renter provides Owner with attribution each time.
Renter uses Owner's property. Personal use includes, but is not limited to, use within the following contexts:
1. In photos or videos on Renter’s personal social media pages or profiles
If any of our products have photos taken of them and are put on social media, we reserve the right to ask for these to be removed in any situation.
Force Majeure. Owner will not be liable to Renter for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, including Covid 19, and/or unavailability of supplies or other events over which Owner has no control for so long as such event continues and for a reasonable period of time thereafter.
We rely on our customers returning the phones as per our contract. If however this is not complied with, we may have to offer an alternative phone to the Renter in its place. This may be a more expensive phone or less expensive phone. If the phone is less expensive we will refund the difference in price.
Style. Renter has spent a satisfactory amount of time reviewing Owner's work and has a reasonable expectation that Owner will perform the Services in a similar manner and style unless otherwise specified in this Equipment Agreement.
Consistency. Owner will use reasonable efforts to ensure Renter's desired Services are produced in a style and manner consistent with Owner's current portfolio and Owner will try to incorporate any reasonable suggestion made by Owner.
Limit of Liability
Indemnity. Renter shall indemnify Owner against, and hold Owner harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable lawyers’ fees and costs, arising out of, connected with, or resulting from Renter's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
Maximum Damages. Renter agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Equipment Agreement or Services provided in this Equipment Agreement are not to exceed the Total Cost of Services provided by Owner.
Non‐Working Equipment. Renter shall notify Owner within 12 hours of receipt of Equipment any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Renter’s negligence or willful acts, Renter must not attempt to repair or modify the equipment himself/herself. Renter must return such non‐working Equipment to Owner and Owner will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Renter a credit or full refund of all rental charges paid by Renter at Renter’s option. The rental charges for all such non‐working Equipment so returned will commence upon Renter’s receipt of the replacement Equipment. Once Owner receives notification of suspected damage of Equipment in transit, Owner shall send such damaged Equipment to the manufacturer for inspection and repair. Renter and Owner hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.
It is the Renters responsibility to make sure the phone is set up correctly according to the instructions provided either by email or sent out with the phone. Renter cannot be held liable for any phones returned without any messages due to the phones no being set up correctly.
Loss and Damage. Except as set forth in Owner’s representations and warranties above, Renter hereby assumes and shall bear the entire risk of loss and damage to the Equipment (and any audio files generated from the Equipment) from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Renter under this Agreement. In the event of damage of any kind whatever to the Equipment, Owner may: (a) charge Renter’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Owner’s sole discretion. In addition to repair or replacement fees, Owner may charge Renter’s credit card for a “Loss of Use Fee” in the event Renter did not purchase a damage waiver at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees Owner would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Renter shall pay Owner the full replacement value of the Equipment. Renter must ensure that the Equipment, when returned to Owner, is clean. Should the returned Equipment be deemed dirty in Owner’s sole judgment, Owner reserves the right to charge Renter a “Cleaning Fee”.
Repairs. Renter agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
Errors Using Equipment. Owner will aid Renter in instructing how to operate Equipment through instructions delivered either physically, via email, or through photo or video format. Renter agrees to Owner to use the product as directed by the Owner. Renter assumes all risk of operation of the equipment and agrees to not hold Owner responsible for any issues or errors to occur with the Equipment.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Renter desires to cancel Services, reschedule Services, or if it becomes impossible for Owner to render Services due to the fault of the Renter or parties related to Owner, such as failure of the event to occur or failure of one or more essential parties to the event to show up in a timely manner, Renter shall provide notice to Owner as soon as possible. Owner has no obligation to attempt to re-book further Services to fill the void created by Renter’s cancellation, rescheduling, no-show or if it becomes impossible for Owner to provide the Services due to the fault of Renter (or parties related to Renter), and Owner will not be obligated to refund any monies Renter has previously paid towards the Total Cost. If the event is fully paid, no refunds will be given. Deposits paid are non refundable due to us having to reserve your phone and we cannot use this phone for other customers. Renter is not relieved of any payment obligations for cancelled Services, rescheduled Services, or should it become impossible for Owner to provide the services due to the fault of Renter (or parties related to Renter) unless the Parties otherwise agree in writing. For instance, if Owner is able to secure another, unrelated client for the agreed-upon event date, then Owner may choose, at its sole discretion, to excuse all (or a portion of) Renter's outstanding balance of the Total Cost.
Failure to Perform Services. In the event Owner cannot or will not perform its obligations in any or all parts of this Equipment Agreement Agreement, it (or a responsible party) will:
1. Immediately give Notice to Renter via the Notice provisions detailed in this Equipment Agreement Agreement; and
2. Attempt to find another competent professional to take its place with the mutual agreement of Renter(s);
3. If another competent professional is not available or Renter(s) do not agree to transfer of obligations to said alternate professional, Owner will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Renter(s) of any further performance and/or payment obligations in this Equipment Agreement.
Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the matters referred to herein, and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the Parties to this Agreement.
Severability. If any portion of this Equipment Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Equipment Agreement remain in full force.
Amendment. The parties may amend this Equipment Agreement only by the parties’ written consent via proper Notice and agreement by both parties.
Legal Fees. In the event any party hereto brings a claim arising from or relating to this Agreement, or to enforce this Agreement, the “prevailing party” shall be entitled to recover all its reasonable legal fees and costs incurred as a result of such a claim as costs of suit or as damages.
Notice. Parties shall provide effective notice (“Notice”) to each other via email of delivery at the date and time which the Notice.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. In the event of any legal proceeding compelled by either party to this Agreement, and relating to the terms hereof, jurisdiction and venue shall be deemed proper in the courts of England and Wales.
Intellectual Property Rights
Prohibited Activities. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: